Do construction (residential and commercial) businesses need to register for VIC portable LSL (construction)?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Depends
It depends on structure and size. Yes for any structure with 1–5 employees, 6–19 employees, 20–99 employees, 100–499 employees or 500+ employees; no below that size.
The obligation in brief
Register for VIC portable LSL (construction). The Construction Industry Long Service Leave Act 1997 (Vic) continues Victoria's portable long service leave scheme for the construction industry, administered under a trust deed by a company acting as trustee of the Construction Industry Long Service Leave Fund (the scheme known as CoINVEST). Every worker is entitled to long service leave, and to be paid benefits from the fund, for continuous service in the construction industry, so service follows the worker between employers.
Trigger: Employing workers, or engaging contractors as a principal contractor, to perform construction work in the construction industry in Victoria for more than 5 days in a month.
Why construction (residential & commercial) get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Register for VIC portable LSL (construction)" is no. Construction (residential & commercial) is one of the 1 where the answer is different: depends.
The deciding fact for construction (residential and commercial) businesses: You have employees (6–19) · Industry: Construction (residential & commercial)
About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires employees and industry: Construction (residential & commercial)).
Answer by business structure and size
Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | No | Yes | Yes | Yes | Yes | Yes |
| Partnership | No | Yes | Yes | Yes | Yes | Yes |
| Trust | No | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | No | Yes | Yes | Yes | Yes | Yes |
| Public company | No | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | No | Yes | Yes | Yes | Yes | Yes |
| Registered charity | No | Yes | Yes | Yes | Yes | Yes |
| Super fund | No | Yes | Yes | Yes | Yes | Yes |
| Foreign company | No | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- Registration before construction work exceeds 5 days in any month; long service leave charges and worker information by the dates the trustee sets under the trust deed; responses to a trustee information notice by the time stated, which must be at least 28 days after the notice.
- Evidence to keep
- Registration as an employer with the trustee; records of workers employed on construction work, kept in accordance with the trust deed and retained for at least 7 years after the last entry; returns of worker information sent to the trustee; long service leave charge payment records.
- Maximum penalty
- Operating while unregistered for more than 5 days in a month (s 8), failing to keep records or send information to the trustee (s 9(1)), false or misleading records (s 9(2)) and failing to comply with a trustee information notice (s 10(3)) are each offences carrying 20 penalty units. Unpaid charges are recoverable as a debt with interest at the rate fixed under the Penalty Interest Rates Act 1983 (s 5)
- Regulator
- See source
- Jurisdiction
- VIC only
Other obligations where construction (residential & commercial) differ from the norm
- Asbestos management — workplace + dwelling rules (state): Yes
- Building work — comply with National Construction Code (NCC): Yes
- Comply with NSW Design and Building Practitioners Act 2020: Only if
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): Yes
- EPBC Act — assess + approve controlled actions affecting MNES: Only if
- Hold a Construction Induction (White Card) before construction site work: Yes
- All 31 answers for construction (residential & commercial)
Questions
- Do construction (residential and commercial) businesses need to register for VIC portable LSL (construction)?
- It depends on structure and size. Yes for any structure with 1–5 employees, 6–19 employees, 20–99 employees, 100–499 employees or 500+ employees; no below that size.
- Is the answer the same for every industry?
- No. For 34 of the 35 industries Rules Mate maps, the answer is no. Construction (residential & commercial) is one of 1 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.